Can You Refuse a Divorce in Missouri? What Happens If Your Spouse Won’t Agree?
No one in Missouri can be forced to stay married. So, a spouse who wants to leave will usually get divorced eventually. Refusal still matters, however. A sworn denial changes what the court has to find before ending the marriage and it can buy months of time.
Every Missouri Divorce Requires an “Irretrievably Broken” Finding
Under RSMo 452.305, a judge may enter a judgment of dissolution only if they find that there is no reasonable possibility that the marriage can be saved. The court must also ensure that:
- One spouse has been living in Missouri for at least 90 days prior to filing
- At least 30 days have elapsed since the filing of the petition
- Issues related to custody, support, maintenance, and property have been resolved
Both spouses agree that the marriage is over, or if the other spouse does not dispute this finding, it is mostly a formality.
A Sworn Denial Forces Your Spouse to Prove One of Five Facts
When one spouse denies under oath or affirmation that the marriage is irreparably broken, things change. RSMo 452.320 requires the court to consider all relevant factors, including the possibility of reconciliation.
To proceed with a divorce, the filing spouse must prove one of the following:
- The other spouse committed adultery and living with them has become unbearable.
- The other spouse’s behavior makes it unreasonable to expect the filing spouse to continue living with them.
- Abandonment has occurred for at least six months prior to the filing.
- Twelve months of separation by mutual consent prior to filing.
- Twenty-four months of separation without consent prior to filing (this one does not require consent).
The denial must be sworn. Simply refusing to sign documents or objecting verbally does not qualify for this standard.
The Judge Can Also Pause the Case
Instead of ruling right away, the court may continue the case for at least 30 days and up to six months, and may suggest counseling. Counseling is not required. At the next hearing, the judge will either find the marriage irretrievably broken or dismiss the petition.
Why a Denial Rarely Stops a Divorce for Good
The “behavior” grounds are broad. Missouri appellate courts have interpreted it to mean “behavior”, not “misbehavior”, so one spouse’s conduct in combination with the other spouse’s attitude may be enough. A dismissal is not permanent either. Time continues to run during separation, and a spouse who has been separated for two years may file again.
In practice, a denial usually changes the timeline, rather than the result.
What If Your Spouse Simply Ignores the Divorce Papers?
Silence is not the same as refusal. A spouse served generally has 30 days to file an answer under Missouri court rules. If nothing is filed, the case can proceed as a default, and the judge may decide on property and support largely based on the evidence provided by the filing spouse.
Children are still protected. Any custody arrangement must serve the child’s best interests, with or without both parents participating. However, ignoring the documents is almost always the worst option.
Refusing to Sign a Settlement Is Not Refusing the Divorce
Most “my spouse will not agree” situations are really about the terms: the house, retirement accounts, and the parenting schedule. Without an agreement, the case becomes contested and the judge decides those issues after the trial. Dislike for a proposed split is not a defense to the divorce itself.
Talk to Columbia Family Law Group, LLC Before You Respond
Whether you want to save your marriage or need to end it, your first step can shape everything that follows. Columbia Family Law Group, LLC can explain where your case stands under Missouri law and help you protect your rights, your property, and your children. Contact us to schedule a consultation today.
